Out of court resolution is an umbrella term for outcomes given as alternatives to being charged with a criminal offence. The terms out of court disposal and diversion are also used.
It is one of the key principles of the youth justice system that children should not be prosecuted unnecessarily and there is a presumption that they should be given an out of court resolution wherever possible.
Out of court resolutions can be given following a police interview or after a case has been charged to court. They will often be given after a joint decision-making panel. Some out of court resolutions require a child to make an admission of guilt or an acceptance of responsibility. Others, such as outcome 22 and deferred prosecution, do not require this.
There is in theory no restriction on which offence can result in an out of court resolution, nor the number of them a child can receive. However, decision-makers will consult the Child Gravity Matrix when considering whether to give a child an out of court resolution.
Out of court resolutions include:
- Youth caution
- Youth conditional caution
- Community resolution
- Outcome 20
- Outcome 21
- Outcome 22
- Deferred prosecution
- Deferred caution
You can read more about out of court resolutions in our legal guide.